Yes, you can certainly do that (assuming the item meets all the other
requirements in 108). It is actually what I recommend if your
collection circulates (as it is very hard to keep track of ones that
shouldn't). =20
=20
mb
=20

Jessica notes "IF you make a copy of a damaged /decorating video It
can't circulate outside the library".=20

The text of Section 108 says you are allowed to make up to three copies
for purposes of preservatiion, blah, blah, and it also states that a
digital copy cannot circulate outside the library (where it could
presumably be easily duplicated).=20

The section has no such prohibition on an analog copy circulating
outside the library, so what if the library were to make one digital
preservation copy and one analog (video) copy? The digital copy would
remain in the library and the video could be checked out by professors
for use in classes outside the library?=20

What do you think? I'd be grateful for any input because this
restriction (library use only) has been a real headache for us.

=09
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu]
<mailto:owner-videolib@lists.berkeley.edu%5d> On Behalf Of Jessica
Rosner
Sent: Tuesday, October 09, 2007 12:23 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] video reproductions by libraries
It is a can of worms but two thing, you definitely can not
routinely make a back up copy. That is patently illegal
We have argued 108 here before but one thing that is clear is
that IF you make a copy of a damaged /decorating video
It can't circulate outside the library
=09
=09
On 10/9/07 11:52 AM, "Deborah Benrubi" <benrubi@usfca.edu>
wrote:
At the risk of opening a big old can of worms I'd like to ask if
you all make copies of videos to keep in the library and bring out if
the original is damaged, deteriorating, lost, or stolen.
=09
I have interpreted Section 108 to mean you can't make a copy
until after the fact of damage, etc. Of course that doesn't make sense
but neither does much of copyright law.=20
=09
But it's been suggested to me that some libraries routinely make
backup copies of new video acquisitions. Do you? And do you circulate
the copies after the original is gone?
=09
I have a background in law but I find Section 108 very
confusing; sections seem to contradict each other.=20
=09
=09
Deborah Benrubi
Technical Services Librarian
University of San Francisco
Gleeson Library|Geschke Center
2130 Fulton St.
San Francisco, CA 94117
=09
PHONE (415) 422-5672 / FAX (415) 422-2233=20
EMAIL <benrubi@usfca.edu>
=09
=09
=09
=09
Proud Resident of a BLUE STATE
=20
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'>Yes, that is exactly what I said =
(&#8220;that&#8221;
referring to making an analog circulating copy). &nbsp;You can make and =
analog copy for
circulation and a digital (DVD) for in-house use =
only.<o:p></o:p></span></font></p>

<p class=3DMsoNormal style=3D'margin-bottom:12.0pt'><font size=3D1 =
face=3DVerdana><span
style=3D'font-size:9.0pt;font-family:Verdana'>Per previous. If you take =
a VHS and
make a DVD you can NOT circulate the DVD which is what I assume most =
people are
now making their copies on<br>
<br>
<br>
On 10/9/07 4:12 PM, &quot;Brewer, Michael&quot;
&lt;brewerm@u.library.arizona.edu&gt; =
wrote:</span></font><o:p></o:p></p>

<p><font size=3D1 face=3DVerdana><span =
style=3D'font-size:9.0pt;font-family:Verdana'><br>
</span></font><b><font size=3D2 face=3DTahoma><span =
style=3D'font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font =
size=3D2
face=3DTahoma><span style=3D'font-size:10.0pt;font-family:Tahoma'> =
owner-videolib@lists.berkeley.edu
[<a =
href=3D"mailto:owner-videolib@lists.berkeley.edu%5d">mailto:owner-videoli=
b@lists.berkeley.edu]</a>
<b><span style=3D'font-weight:bold'>On Behalf Of </span></b>Jessica =
Rosner<br>
<b><span style=3D'font-weight:bold'>Sent:</span></b> Tuesday, October =
09, 2007
12:23 PM<br>
<b><span style=3D'font-weight:bold'>To:</span></b> =
videolib@lists.berkeley.edu<br>
<b><span style=3D'font-weight:bold'>Subject:</span></b> Re: [Videolib] =
video
reproductions by libraries<br>
</span></font><font size=3D1 face=3DVerdana><span =
style=3D'font-size:9.0pt;
font-family:Verdana'>It is a can of worms but &nbsp;two thing, you =
definitely
can not routinely make a back up copy. That is patently illegal<br>
We have argued 108 here before but one thing that is clear is that IF =
you make
a copy of &nbsp;a damaged /decorating video<br>
It can&#8217;t circulate outside the library<br>
<br>
<br>
On 10/9/07 11:52 AM, &quot;Deborah Benrubi&quot; =
&lt;benrubi@usfca.edu&gt;
wrote:<br>
</span></font><font size=3D2 face=3DVerdana><span =
style=3D'font-size:10.0pt;
font-family:Verdana'>At the risk of opening a big old can of worms I'd =
like to
ask if you all make copies of videos to keep in the library and bring =
out if
the original is damaged, deteriorating, lost, or stolen.<br>
<br>
I have interpreted Section 108 to mean you can't make a copy until after =
the
fact of damage, etc. Of course that doesn't make sense but neither does =
much of
copyright law. <br>
<br>
But it's been suggested to me that some libraries routinely make backup =
copies
of new video acquisitions. Do you? And do you circulate the copies after =
the
original is gone?<br>
<br>
I have a background in law but I find Section 108 very confusing; =
sections seem
to contradict each other. <br>
<br>
<br>
Deborah Benrubi<br>
Technical Services Librarian<br>
University of San Francisco<br>
Gleeson Library|Geschke Center<br>
2130 Fulton St.<br>
San Francisco, CA 94117<br>
<br>
PHONE (415) 422-5672 / FAX (415) 422-2233 <br>
EMAIL &lt;benrubi@usfca.edu&gt;<br>
</span></font><font size=3D1 face=3DVerdana><span =
style=3D'font-size:9.0pt;
font-family:Verdana'><br>
<br>
<br>
<br>
Proud Resident of a BLUE STATE<br>
&nbsp;<br>
Jessica Rosner<br>
Kino International<br>
333 W 39th St. 503<br>
NY NY 10018<br>
jrosner@kino.com<br>
212-629-6880</span></font><o:p></o:p></p>